Trustee Not Liable. Except as otherwise expressly provided in the Trust Documents, the Trustee will not be liable for the use or application by the Master Servicer or any Direct Servicer of any funds paid to the Master Servicer or any Direct Servicer in respect of the Mortgage Loans, or deposited to, or withdrawn from, any Custodial Account, or the calculation of the amount transferred to any Certificate Account by the Master Servicer or by any Direct Servicer or transferred to the Paying Agent. The Trustee makes no representations or warranties as to the validity or sufficiency of the Mortgage Documents.
Trustee Not Liable. The recitals contained herein shall be taken as the statement of the Company, and the Trustee assumes no responsibility whatsoever for their correctness nor for the validity or sufficiency of this Supplemental Indenture or for the due execution hereof by the Company.
Trustee Not Liable. The Trustee is not liable to any former or current holder of Units for any Loss (including Consequential Loss) incurred in relation to the sale or disposal of the forfeited Units.
Trustee Not Liable. The parties hereto hereby acknowledge that the ------------------ Trustee shall act hereunder solely as the trustee for the Trust, and shall not be personally liable or responsible in any manner whatsoever for any amounts payable by any party hereunder.
Trustee Not Liable. Subject to clause 16.9 of the Master Trust Deed, but notwithstanding any other provision of the Master Trust Deed or any other Transaction Document, the Trustee has no liability (other than in its capacity as trustee of the Series Trust) for any act or omission by a Depository (or any nominee of a Depository), the Class A-1 Note Trustee, the [London Stock Exchange Limited], the Class A-1 Note Registrar, the Agent Bank or any Paying Agent except to the extent that act or omission was caused or contributed to by the Trustee's fraud, negligence or wilful default. -------------------------------------------------------------------------------- 29. Trustee's limitation of liability
Trustee Not Liable. The Trustee shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate applicable thereto, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or to be employed, in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security, nor does it make any representation with respect thereto. The Trustee shall not be responsible for determination of value of Common Stock or the calculation of the number of Shares or of any adjustment to the number of Shares to be delivered by the Company. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or other property upon the surrender of any Security for the purpose of conversion, or, subject to Section 6.1, to comply with any of the covenants of the Company contained in this Article XI.
Trustee Not Liable. The Trustee shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate applicable thereto, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or to be employed, in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security, nor does it make any representation with respect thereto. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or other property upon the surrender of any Security for the purpose of conversion, or, subject to Section 6.1, to comply with any of the covenants of the Company contained in this Article XI.
Trustee Not Liable. Subject to Applicable Laws, the Trustee shall not be liable or accountable for any failure to seize, collect, realize, dispose of, enforce or otherwise deal with the Collateral, shall not be bound to institute proceedings for any such purposes or for the purpose of preserving any rights of the Trustee, the Debtor or any other person, firm or corporation in respect of the Collateral and shall not be liable or responsible for any loss, cost or damage whatsoever which may arise in respect of any such failure, including, without limitation, resulting from the negligence of the Trustee or any of its officers, servants, agents, solicitors, attorneys, Receivers or otherwise, other than those caused by the gross negligence or wilful misconduct of the Trustee, or any of its officers, servants, agents, solicitors, attorneys, Receivers or otherwise. Subject to Applicable Laws, neither the Trustee nor its officers, servants, agents or Receivers shall be liable by reason of any entry into possession of the Collateral or any part thereof, to account as a mortgagee in possession, for anything except actual receipts, for any loss on realization, for any act or omission for which a mortgagee in possession might be liable, or for any loss, cost, damage or expense whatsoever which may arise in respect of any such actions, omissions or negligence, other than those caused by the gross negligence or wilful misconduct of the Trustee, its officers, servants, agents or Receivers.
Trustee Not Liable. The Company is solely responsible for performing the duties and responsibilities contained in this Article 12, other than the obligations of the Trustee specifically set forth in Section 12.3. The Trustee shall not be responsible for any failure of the Company to make any deposit with the Trustee or to deliver to the Trustee Securities tendered pursuant to this Article 12 or, subject to Article 7, any failure of the Company to comply with any of the other covenants of the Company contained in this Article 12.
Trustee Not Liable. Subject to clause 16.9 of the Master Trust Deed, but notwithstanding any other provision of the Master Trust Deed or any other Transaction Document, the Trustee has no liability (other than in its capacity as trustee of the Series Trust) for any act or omission by a Depository (or any nominee of a Depository), the US Dollar Note Trustee, the London Stock Exchange plc, the US Dollar Note Registrar, the Agent Bank or any Paying Agent except to the extent that act or omission was caused or contributed to by the Trustee's fraud, negligence or wilful default.
